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Sec. 806.605c Standard Master Ship Repair Contract.

806.605d Indefinite quantity contracts executed by the Office of the Quartermaster General.

Subpart C-Interdepartmental Purchases 806.606 Purchases under contracts of Procurement Division, Treasury Department.

806.606a Blind made products. 806.607 Purchases under contracts of Navy Department.

806.608 Purchases from Federal Prison Industries, Inc., Department of

Justice.

806.608a Purchases from State prisons and other correctional institutions. 806.609 Purchases under contracts of Post Office Department.

806.610 Purchases from Government Printing Office.

806.611 Purchases from other agencies of the Government.

806.612 Purchase of property pursuant to Public Law 670.

806.613 Purchases of property of other agencies through the Procurement Division, Treasury Department. 806.614 Form of order to be used in making interdepartmental and interbranch purchases.

AUTHORITY:§§ 806.601 to 806.614, inclusive, issued under 41 Stat. 164, 54 Stat. 1225, 10 U.S.C. 1193-1195; 55 Stat. 838, 50 U.S.C. App., Sup., 601-622.

SOURCE: §§ 806.601 to 806.614, inclusive, contained in War Department Procurement Regulation 6, revised to June 29, 1944, 9 F.R. 8482. Exceptions are noted in brackets following sections affected.

Subpart A-General

§ 806.601 Rescission of regulations. Army Regulations 5-300, December 10, 1936, as amended; Army Regulations 5320, October 10, 1936, as amended; and all other prior directives and instructions relating to interbranch and interdepartmental procurement inconsistent herewith are hereby rescinded.

§ 806.602 Definitions—(a) Procurement. The term "procurement" as used in this part refers to the procedure necessary to obtain a given item or class of items and includes the execution of the following functions:

(1) Specification (Abbr. Spec.) This function involves the responsibility for the preparation or supply of specifications in accordance with the provisions of AR 850-25 to be used in the procure

ment of the item or items. Specifications will be such as to provide items meeting the approved military characteristics. For items not covered by military characteristics, specifications will be such as to provide items meeting the technical requirements of the using arms and services and the services interested therein by virtue of their missions.

(2) Determination of requirements (Abbr. Reqs.). This function involves the determination by a technical service of its own requirements as well as the requirements of the using arins for which the technical service is responsible under existing Army Regulations. When only one service is indicated as having responsibility for determination of requirements for an item it shall be understood that said service is responsible for consolidating the requirements of all arms and services.

(3) Provision of funds (Abbr. Funds). This function involves the preparation of estimates, defense of estimates, and custody of funds.

(4) Purchase (Abbr. Pur.). This function consists of buying a given item or class of items or manufacturing such items in government owned establishments under the jurisdiction of a technical service, and includes final acceptance.

(5) Inspection (Abbr. Insp.). This function consists of making the inspections necessary for final acceptance of any item from the contractor.

(b) Interbranch and interdepartmental procurement. The term "inter branch procurement" refers to the procurement of items by one technical service for another technical service. The term "interdepartmental procurement" refers to the purchase of items by one department or agency of the government from another department or agency thereof. [Proc. Reg. 6, revised to June 29, 1944, 9 F.R. 8482, as amended by C 40, Aug. 31, 1944, 9 F.R. 10947]

Subpart B-Interbranch Procurement

§ 806.603 Authority of Procurement Assignment Board. The Procurement Assignment Board, Headquarters, Army Service Forces, is authorized to assign responsibility for all functions of procurement enumerated in § 806.602 (a) in regard to any item or class of items sub

ject to the following limitation: Prior to the assignment by the Procurement Assignment Board of the "specification" function the Board will obtain the concurrence of the Production Division, Headquarters, Army Service Forces, and prior to the assignment of the "provision of funds" function the Board will obtain the concurrence of the Budget Officer for the War Department. The Director of the Production Division and the Budget Officer will each designate a representative to participate in meetings of the Procurement Assignment Board. With respect to a given item or class of items all functions may be assigned to one technical service or apportioned among different technical services. Unless and until action is taken by the Procurement Assignment Board the responsibility for the performance of the functions enumerated in § 806.602 (a) in respect to an item or class of items will remain with the technical service or technical services exercising such responsibility.

(a) Army Air Forces. When action by the Board is to be taken in regard to an item in which the Army Air Forces have a substantial interest, it will be understood that the Army Air Forces will be given an opportunity to be heard on the matter, and that if the Army Air Forces disagree with any action proposed to be taken by the Procurement Assignment Board, an effort will be made by the Board to reconcile the disagreement by a conference with a representative designated by the Commanding General, Army Air Forces; and that in the event a satisfactory agreement cannot be reached in this manner, the Board and the representative of the Army Air Forces will jointly prepare a brief setting forth their respective views on the matter, which brief will be submitted to the Under Secretary of War, who will make the final decision.

(b) Purchase of an item by other than the service assigned such responsibility. (1) Purchase of item shall be made by the services assigned responsibility for purchase of such item except under the circumstances indicated in subparagraph (2), (3) and (4) below.

(2) When an item is required within a brief period of time and, in the judgment of the service requiring the item, cannot be provided in such time by the service having responsibility for pur

chasing such item, the item may be purchased by the requiring service.

(3) Purchase may be made by a service other than the service to which responsibility for purchase of an item has been assigned, if the latter service has granted authority. This may be done by the issuance of general instructions or by consent granted with respect to a specific transaction.

(4) When items are purchased on behalf of a lump sum contractor on the understanding that an appropriate reduction will be made in the contract price, or when an item is purchased for a cost-plus-a-fixed-fee contractor which would normally be obtained by the costplus-a-fixed-fee contractor itself, purchase may be effected by a service other than the service having responsibility for purchasing the item.

(5) In the event that any purchase made pursuant to subparagraph (2) above involves an expenditure in excess of $5,000, a prompt report of the transaction will be made to the chief of the technical service having responsibility for the purchase of the item and a copy of such report will be sent to the Procurement Assignment Board, Headquarters, Army Service Forces.

(6) Purchases made pursuant to the provisions of this paragraph will be subject to the applicable restrictions concerning local purchases and purchases of restricted or prohibited items. § 811.1187 et seq.

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(c) Clearance of instructions with Board. All instructions by Army Service Forces, Staff Divisions thereof, or Army Air Forces to be issued in War Department or Army Service Forces publications concerning:

(1) Transfer of any of the functions of procurement from one technical service to another or to or from the Army Air Forces, or

(2) Assumption of any of the functions of procurement by a technical service or the Army Air Forces;

shall be submitted for concurrence and clearance to the Procurement Assignment Board, Headquarters, Army Service Forces, before publication.

(d) Assignment by classes. [Revoked]

(e) Transfer of responsibility for purchase. When action by the Board cen

tralizes the. responsibility for the purchase of a given item or class of items in a ⚫ technical service:

(1) Any other technical service having such an item or class of items on order will promptly compile and transmit to the service assigned such responsibility a list of all outstanding orders for such items. These lists will indicate the following:

(i) Number and adequate description of items including specifications and applicable funds;

(ii) Name and address of supplier; (iii) Unit price;

(iv) Delivery dates;

(v) Status of deliveries, to be supplemented monthly;

(vi) Contract or purchase order symbol; and

(vii) Partial payments or advance payments already made.

(2) Unless both services agree that such transfer is undesirable, all existing contracts shall be transferred to the service to which responsibility for purchase has been assigned, effective upon a date mutually agreed upon by the participating services, but not later than 60 days after notification to the services by the Board of its action.

(3) Signed instruments and other contractual documents shall be delivered to the service to which responsibility for purchase has been assigned not later than the effective date determined in subparagraph (2) above.

(4) The transfer shall be effected by the execution by the original contracting service of a supplemental agreement changing the allotment number and making any other necessary changes, or by such other means as may be determined by the service to which responsibility for purchase has been assigned.

(f) Procedure. (1) All technical services requiring an item for which determination of requirements and provisions of funds therefor have been assigned to another service, will assist the responsible technical service by furnishing to it statements of their requirements at such times as may be called for by the responsible technical service.

(2) The technical service or services having responsibility for determination of requirements will forward requisitions for requirements and allotment of applicable funds to the technical service having responsibility for purchase at

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(3) Emergency requirements will be forwarded by the most expeditious method available through the service responsible for the determination of requirements to the service responsible for purchase and will be confirmed by a formal requisition.

(4) Each requisition will contain a certificate of availability of funds and citation of the applicable allotment number.

(5) Where items are assigned to a technical service other than the Medical Department for the requirements of the Army at large, the separate and additional requirements for such items for hospitals are not included therein. Determination of requirements and provision of funds for such separate and additional requirements for hospitals are the responsibility of the Medical Department.

(g) Procurement within the United States for armed forces abroad. It is to be noted that the action of the Procurement Assignment Board governs procurement within the United States for armed services abroad (see § 801.108 (g)). When an item is to be purchased for the armed forces abroad it should be purchased by the technical service to which responsibility for purchasing the item has been assigned by the Procurement Assignment Board.

(h) Spare parts. The assignments of responsibility for procurement of items or classes of items by the Procurement Assignment Board will be deemed to define in identical manner the responsibility for procurement of spare parts for all such items or classes of items, unless otherwise specifically indicated herein. [Proc. Reg. 6, revised to June 29, 1944, 9 F.R. 8482, as amended by C 40, Aug. 31, 1944, 9 F.R. 10947]

§ 806.604 Report of actions of the Procurement Assignment Board. (1) There is contained in Appendix I to these procurement regulations' a condensed record of the assignments made by the Board since the beginning of the calendar year 1942. Actions taken by the Board are reported in ASF circulars. From time to time, information as to

Filed as part of the original document.

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such actions will be consolidated in the Appendix. Reference is made to the first page of the Appendix for a more complete statement as to what is covered therein.

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(2) Certain actions of the Board are set forth in the paragraphs immediately following. The Appendix, however, contains cross references to these paragraphs.

(a) Assignment of fuel: charcoal, coal, coke, dust fuels, gas, gasoline, oil (fuel), wood, etc. (FSSC Class 7).

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The service or services (other than the Army Air Forces) assigned the function of "Specification" for the petroleum products listed above shall coordinate and clear this function with the War Department Committee on Liquid Fuels and Lubricants through the Fuels and Lubricants Division, Office of the Quartermaster General.

(b) Assignment of boats, vessels and floating equipment (FSSC Class 9).

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Assignment of boats, vessels and floating equipment (FSSC Class 9)-Continued

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All boats, barges, vessels and floating equipment, excluding pneumatic boats, purchased by the Army from the Navy, shall be purchased from the Navy by the Transportation Corps.

Vessels over 1,000 tons D. W. are procured by Maritime Commission, with Transportation Corps responsible for determination of requirements.

(c) Assignment of oils (illuminating and lubricating) greases and all lubricants (FSSC Class 14).

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1 The service or services (other than the Army Air Forces) assigned the function of "Specification" for the petroleum products listed above shall coordinate and clear this function with the War Department Committee on Liquid Fuels and Lubricants through the Fuels and Lubricants Division, Office of the Quartermaster General.

To the extent that the assignments of responsibility for the functions of procurement set forth in this paragraph are inconsistent with the provisions of Circular No. 33, Headquarters, Army Service Forces, 1943, the provisions of said Circular No. 33 are superseded hereby.

? Except responsibility for specification for Oil, Fuel Diesel No. 2 or equal, (FSSC Class 7) which is the responsi bility of the Ordnance Department.

(Proc. Reg. 6, revised to June 29, 1944, 9 F.R. 8482, as amended by C 40, Aug. 31, 1944, 9 F.R. 10947 and by C 43, Nov. 23, 1944, 9 F.R. 14166]

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